Lawson v. Key

Filing 47

ORDER OF DISMISSAL re 45 REPORT AND RECOMMENDATION. The Court ADOPTS the Report and Recommendation as to all sections except: the underlying offenses at page 1, lines 1516, which should exclude the reference to "Unlawful Possession of a Con trolled Substance"; the date when the Washington Supreme Court denied petitioner's motion to modify the Commissioner's ruling, listed at page 5, line 6, which should read "February 7, 2018," not "February 18, 2018&quo t;; and the date when the statute of limitations expired, listed at page 5, lines 910, which should read "February 13, 2018," not "February 24, 2018." The case is dismissed with prejudice and issuance of a certificate of appealability is denied. Signed by Judge Robert S. Lasnik. **2 PAGE(S), PRINT ALL**(Geoffrey Lawson, Prisoner ID: 334928)(LH)

Case 3:18-cv-05998-RSL Document 47 Filed 02/17/21 Page 1 of 2

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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GEOFFREY ROBERT LAWSON SR.,

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Petitioner,

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ORDER OF DISMISSAL

v.

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CASE NO. 3:18-cv-05998-RSL-BAT

JAMES KEY,

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Respondent.

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Having reviewed the Report and Recommendation of the Honorable Brian A. Tsuchida,

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United States Magistrate Judge, any objections or responses to that, 1 and the remaining record,

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the Court finds and ORDERS:

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(1)

The Court ADOPTS the Report and Recommendation as to all sections except:

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the underlying offenses at page 1, lines 15–16, which should exclude the reference to “Unlawful

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Possession of a Controlled Substance”; the date when the Washington Supreme Court denied

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In petitioner’s objections, petitioner newly claims that the Department of Corrections prevented
him from filing a timely habeas petition. Dkt. # 46 at 6–8. The petitioner had the opportunity to
raise the existence of circumstances warranting equitable tolling in a reply to the government’s
response to his petition filed approximately two years ago, Dkt. # 17, and yet he did not do so,
despite numerous extensions. Therefore, the Court upholds the magistrate judge’s determinations
and declines to exercise its discretion to allow the record to be supplemented. See United States
v. Howell, 231 F.3d 615, 621–23 (9th Cir. 2000).

ORDER OF DISMISSAL - 1

Case 3:18-cv-05998-RSL Document 47 Filed 02/17/21 Page 2 of 2

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petitioner’s motion to modify the Commissioner’s ruling, listed at page 5, line 6, which should

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read “February 7, 2018,” not “February 18, 2018”; and the date when the statute of limitations

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expired, listed at page 5, lines 9–10, which should read “February 13, 2018,” not “February 24,

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2018.”

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(2)

The case is dismissed with prejudice and issuance of a certificate of appealability

is denied.

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(3)

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Dated this 17th day of February 2021.

The Clerk shall provide copies of this Order to the parties.

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A
ROBERT S. LASNIK

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United States District Judge
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ORDER OF DISMISSAL - 2